BUSINESS LAW QUEZ- AGENCY, PLEDGE AND MORTGAGE:
1. One know to be working for and behalf of the principal either because the latter represented him to be his agent or the people believe him to be acting on behalf of the principal is; a. ostensible agent c. special agent b. implied agent d. universal agent 2. Chattel mortgage as distinguished from pledge: a. the excess over the amount due after foreclosure goes to the debtor debtor b. the sale of the object in an auction extinguishes the obligation c. the deliver of personal propert is necessar d. the registration of the propert in the !egistr of "ropert "ropert is not necessar #. $he following are essential re%uisites re%uisites common to pledge and mortgage except one: a. the are constituted to secure the ful&llment of a principal obligation b. the pledgor or mortgagor is the absolute owner of the thing pledged or mortgaged c. the contract of pledge pledge or mortgage is registered registered with the !egister !egister of deeds d. the person constituting the pledge or mortgage has the free disposal of the thing or he is legall authori'ed for the purpose (. )n all cases of extra judicial foreclosure* the right of redemption can be exercised b the mortgagor within one ear from and after the juridical registration of sale. )n judicial foreclosure* the mortgagor ma still exercise his e%uit of redemption after the con&rmation of the sale b the court a. both statements are true c. &rst is false* second is true b. both are false d. &rst is true* second is false +. , pledged his $oota car to - for a loan of "1. , was unable to pa the loan and therefore - sold the car in a public auction but it was was sold onl for ".+ .Can recover the de&cienc de&cienc from ,/ a. no he cannot recover the de&cienc in the absence of contrar stipulation b. no he cannot even if there is an agreement that he can c. es he can even in the absence of stipulation allowing him d. es he he can provided it was agreed agreed upon b the parties parties 0. )f the agent contracts in the name of the principal and the principal does not ratif the contract* the contract shall be void if the part with with whom the agents contracts is aware aware of the limits of the the agents authorit , third person cannot set up the fact fact that the agent exc exceeds eeds his authorit if the principal has rati&ed or has signi&ed his willingness willingness to ratif ratif the agents acts a. both statements are true c. &rst is false* second is true b. both are false d. second is false* &rst is true . , pledged his wristwatch to - pawnshop for a loan of *333 which he failed to pa. - sold the watch at public auction for (*333 a. the pawnshop pawnshop b can recover the (*333 de&cienc from a b. it cannot recover the de&cienc from a unless there is stipulation to the contrar contrar c. it cannot recover the de&cienc de&cienc even if there is stipulation stipulation allowing it d. it cannot recover the de&cienc if there is stipulation disallowing disallowing it
4. $he following instances of pledge created b operation of law except a. hotelkeeper retains retains the things things into the hotel b the guest who cannot pa his hotel bill b. an agent retains in pledge the thing which which is the object of the agenc until he is paid his commission c. a mechanic mechanic retains the car he repaired until he is paid d. a depositor retains the thing in pledge pledge until full pament of what what is due him 5. , pledged his wristwatch to - pawnshop for a loan of ".1. 6ue to ,s failure to pa his debt* - auctioned the watch and was sold to C for "1.+. Can , recover the excess/ a. a cannot cannot recover the excess even if so stipulated b the parties b. a can recover the excess if so agreed upon b the parties c. a can can recover the excess even if not so stipulated d. a stipulation allowing the excess to go to the pledgor is void 13. )n pledged created b operation of law* after pament of the dent and expenses* the remainder of the price of the sale in auction shall be delivered to the obligor* pledgor being entitled to the excess )f a credit which has been pledged becomes due before it is redeemed* the pledgee ma collect and receive the amount due and appl appl the same to the pament of his claim with the excess excess going to the pledgor a. both statements are true c. &rst is false* second is true b. both are false 11. $his is a mode of extinguishing an agenc a. death of the principal* but agenc is for the interest of the principal and agent b. partial accomplishment of the agenc c. upon with the withdrawal of the principal d. insanit of the principal or agent 12. " appointed , to sell "s car for "1 cash. , said the same in installment but in her named. ,fter deliver* the deliver buer discovered a hidden defect in the car which sold as brand new. )s " liable to the buer even if , acted without to sell on credit and in her name and not in the name of "/ a. no under under caveat emptor or let the buer beware beware b. no because a acted in her name as if she was the owner of the car c. es because the contract contract involves a thing belonging belonging to the principal ". d. no because there was stipulation on the the warrant against against hidden defect defect 1#. " authori'ed , to sell his car for "1 with +7 commission. , sold the car to - for "1.+. 8or how much is , accountable to "/ a. "1 b. "1.+ c. "5.+ d. 1.2+ 1(. , pledge his !olex watch to - for a loan of ".2. 6ue to the failure of , to redeem the securit* - sold the same at public auction for "1.+ to the highest bidder. a. b can can recover the de&cienc of ".3+ 8rom 8rom , b. b can can recover the de&cienc from , if so stipulated c. b can recover the de&cienc if there is no contrar agreement d. b cannot recover the de&cienc even if there is stipulation 1+. $he di9erence between a chattel mortgage and pledge is that in chattel mortgage: a. the deliver of the personal propert is necessar b. the registration of the contract with the !egister of 6eeds needed c. the excess over amount amount due after foreclosure sale goes goes to debtor
10. " appointed , to manage his business before leaving abroad .hile abroad , wrote " that he was withdrawing from the agenc due to heath reasons and that he appointed - as his substitute and that " should extend an appointment to -. - took over the administration but " did not make the necessar appointment from the latter. 6ecide the kind of agenc a. implied agenc c. express agenc b. ,genc b necessit d. agenc b estoppel 1. " authori'ed , to sell his car for "1 with 137 commission. , sold the same on reset for "1.1. )f " does not ratif this sale on credit* he can collect from ,: a. "5 "1 less 137 commission< b. "1* commission not deducted b , c. "1.1 commission not deducted b , d. "1 with no commission to , for his violation of contract 14. ,n agent ma appoint a substitute or sub=agent onl if there is a stimulation allowing him to do so. $he acts of the substitute appointed against the prohibition of the principal are voidable which the latter ma ratif. a. 8irst statements is false* second is true* c. -oth statements are false. b. 8irst statement is true* second is false d. -oth are true. 15. $he agent is responsible for the acts of a substitute which he appoints in the following instances. hich is not include/ a. hen he was not given the power to appoint one; b. hen he was prohibited from appointing one; c. hen he was given the power to appoint one* but without designating the person* and he appointed incomplete one in good faith; d. hen the principal designated the person to be appointed; 23. > borrowed mone from ? and gave a piece of land as securit b wa of mortgage. )t was agreed between the parties that upon non=pament of the loan* the land would alread belong to ?. )f > failed to pa the debt* would ? now become the owner of the land. a. ? would become the owner it was agreed upon b them base on the principle of autonom of contracts. b. ? would not become the owner because the agreement that he would become the owner upon default of > is against the law. c. ? would not become owner if > annuls the voidable agreement. d. ? would not become owner if > annuls the voidable agreement. 22. $he death of either the principal or agent extinguishes the agenc. $herefore: ,. )f the principal dies* in certain cases* the agenc remains in full force and e9ect. -. )f it is the agent whos dies* the agenc shall alwas be extinguished. a. -oth are true statements b. -oth are false
c. 8irst is true* second is false d. 8irst is false* second is true.
2#. , special agenc re%uires a special power of attorne. ,n agent ma withdraw from the agenc but ma be liable for damages* if the principal is prejudiced. a. -oth are statement are false. c. 8irst is true* second is false. b. -oth are true. d. 8irst is false* second is true. 2(. )n the province* a farmer couple borrowed mone from the local merchant. $o guarantee pament* the
a. "ledge b. ortgage of chattel
c. !eal mortgage d. @one of the above
2+. , constructed a building on a parcel of the land ha lease from -. Ae chattel the building to C. $he building is concrete. a. @o chattel mortgage because the building is real propert. b. $here is chattel mortgage as agreed upon b the parties. c. @o chattel mortgage unless it is registered with the !egistr of 6eed. d. @o chattel mortgage because the building can never be considered movable despite agreement of parties. 20. " appointed , the exclusive agent in the sale of lots in its subdivision. " told , that he could not collect or receive paments from the buers. , was able to sell a lot to C and receive the pament of the latter which he was misappropriated. ho shall bear the loss/ a. " shall bear the loss because his order to , was not written in the power of attorne of ,. b. " shall be liable for the loss even if c was aware of the limits of authorit of ,. c. C shall be liable for the loss for his failure to in%uire into the limits of authorit of ,. d. C is shall for the loss even through the instruction of " was oral. 2. )n 1542* 6 borrowed ".( from C* collaterali'ed b a pledge of shares of stock of > corporation worth ".4 )n 154#* because of the economic crisis* the value of the shares pledged fell to onl ".1. Can C demand that 6 surrenders the other shares worth "./ a. ?es* because the collateral as securit for the loan was worth ".4 and therefore the other shares of ". must be delivered. b. @o* because the onl right of C is to sell the shares at the public auction and the proceeds as securit for the loan. c. @o* because the right of C is to demand immediate pament of the loan. d. @o* because the right of C is to demand thing worth ".4. 24. " as principal appointed , as his agent granting him general and unlimited management over "s properties* starting that " withholds no power from - and the latter ma execute such acts a he ma deem appropriate to carr=out agenc. ,ccording* , lease "s parcel of land in anila to C for four ears. , also sold to 6 another parcel of land for three times the price that was listed in the inventor b " to ,. hich is valid/ a. $he &rst lease< contract is valid while the second sale< is not. b. -oth are valid and binding on p. c. -oth are not valid and binding on ". d. $he &rst is not valid while the second is valid and binding on ". 25. " authori'ed , in a special power of attorne to sell his parcel of land. , sold the land to C without having knowledge that prior to sale to C* " had alread been dead for a week. C also was not aware of the extinguishment of the agenc b the principals death. 6ecide; a. $he sale is valid although the principal has died before the contract was entered into b the agent in the name of the principal. b. $he sale is valid but annullable b the heirs of the principal because the death of principal has extinguished the agenc. c. $he sale is void because the agent had no more authorit to sell the land due to the principal death. d. $he sale is valid but unenforceable because of the agent acting without authorit from his principal who has died. #3. C lent to 6 ".1. ,s securit for the loan* 6 pledged his !olex watch. hen 6 failed to pa the loan* C foreclose the pledge and the watch were sold onl for ".34. a C still claim pament of the de&cienc from 6/
a. 6 is longer liable for the de&cienc unless otherwise agreed. b. 6 is not liable for the de&cienc despite stipulation to the contrar. c. 6 is still not liable for the de&cienc even in the absence of agreement. d. 6 is still liable if agreed upon.
#. )f an agent acted in excess of authorit in the name of the principal who does not ratif the contract and the third person has knowledge of the excess of the authorit* the contract is: a.!escissible b. Doidable c. unenforceable d. Doid
#1. )n the preceding case* suppose it was a contract of mortgage* can still claim pament of the de&cienc/ a. ?es* provided it was agreed upon. c. ?es* even in the absence of stipulation. b. @o* unless there was stipulation. d. @o* even if stipulated.
#4. )f an agent acted within the scope of his authorit but in his own name* the contract is: a. Dalid b. Doidable c. Doid Enenforceable
#2. Btill in the preceding case* suppose the watch was sold at a price greater than the amount of loan* who is entitled to the excess/ )f pledge: a. C is entitled to the excess even in the absence of stipulation. b. C is entitled if there is stipulation. c. 6 is entitled even if there is no stipulation. d. 6 is not entitled even if there is no stipulation.
#5. )f both principal and agent sold the land of the principal to two buers* which of the latter shall be owner. a. 8irst registrant in good faith. c. Oldest title in good faith b. 8irst possessor in good faith. d. "rior date contract.
##. )f chattel mortgage. a. C is entitled to the excess to the unless there is a contrar stipulation. b. 6 is entitled if so stipulated. c. C is entitle even in the absence of stipulation. d. 6 is entitled even if not stipulated.
d. Enenforceable
(1. " appointed ,* a minor* as his agent to contract with -. , in the name of " into the contract with -. $he agenc is: a. Doid b. Enenforceable c. Doidable d. Enenforceable (2. )n the preceding number* suppose it is the principal who is minor* the contract with the third person - shall be: a. Doid b. Enenforceable c. Dalid d. Doidable
#(. , constituted in 1555 a real estate mortgage on his land and chattel mortgage on his car to secure the pament of a debt of ".2m which he then owed to -. as other loans he ma receive from him in the future. , paid his debt of ".2 but not the loan of ".3# which he obtained in 2333. Can , foreclose both mortgages for the ".3#/ loan obtained in 2333/ a. @o* because the mortgagee can onl foreclose one of the mortgages appling the !ecto aw to prevent collection of de&cien c. b. @o* onl the mortgage on car can be foreclosed. c. @o* onl the mortgage on the land can be foreclosed. d. ?es* both mortgages. #+. " authori'ed , to sell her land with a 07 commission. , found a buer C who was willing to bu the land. hen , introduced C to "* told , that she was no longer interested in selling the land and a document was signed cancelling the written authorit to sell with the agreement of ,. One month later* " sold the same land to C. " refuse to pa , his commission contending that when the land was sold to C* ,s authorit to sell was alread cancelled. )s , entitled to his commission/ a. @o* because the sale was made no more agenc between him and " at the time of the sale. b. @o* because the sale was made directl b " to C. c. ?es* because " was in bad faith when he cancelled the authorit of , to sell his land. d. ?es* because the agenc was coupled with the interest of both " and , and therefore is not revocable at will of " #0. )f an agent acted beond the scope of his authorit in the name of the principal* the contract is. a. Doid b. Enenforceable c. !escissible Doidable
(3. ithout authorit from "* , sold "s car in ,s name .Contract is: a. Doid b. Doidable c. Dalid
d.
d.
(#. " authori'ed , to sell his !olex watch for "1. , sold it for ".5 onl. hich of the following statements is incorrect/ a. the sale is void b. the principal is not bound in the contract of sale with the buer c. a is liable to " for damages for not following his instruction d. the sale is valid ((. 6 mortgaged his land to C with the stipulation that the former cannot sell his land before he has paid his loan to C 6 sold the land to > despite such agreement .hich of the following is correct/ a. the contract of sale is void b. the consent of c is necessar before d can sell the land c. the sale stipulation prohibiting sale of the land is void d. the sale is valid if the buer was not aware of the mortgage (+. 6 obtained a loan from C. > pledged his car as securit .hich of the following is not correct/ a. the pledge is valid because the debtor is not the owner of the thing pledged. b. the pledgor must be the owner of the thing pledged c. the thing pledged must be delivered to the pledgee or a third person b a common consent of the parties d. the pledgee does not become owner of the thing pledged upon the non=pament of the debt. (0. 6 pledged his biccle to C as securit for a loan with the agreement that 6 shall remain in possession of the said biccle until the loan is paid. $he contract is one of: a. pledge c. chattel mortgage b. real mortgage d. loan onl (. " authori'ed , b mere telephone call to sell the formers house. , sold the same in public instrument. $he sale is: a. the sale is void because the agents authorit b. it is onl unenforceable unless rari&ed b " c. valid* despite the authorit being verbal
d. voidable because the house cannot be sold without including the land
d. p and m shall not be liable because the expenses were incurred as a conse%uence of the performance of the agents obligation
(4. " authori'ed , to sell on credit his car for "1. , sold it for "1.+. $here was stipulated 137 commission. , is accountable for: a. "1 c. ".5 "1 less 137 commission< b. "1.+ d. "1.#+ "1.+ less 137 commission<
++. )n conventional pledge* there is no de&cienc liabilit on the part of the pledgor inspite of the stipulation to the contrar )n legal pledge* the excess of the proceeds of the sale after foreclosure shall pertain to the pledgor even in the absence of stipulation a. both statements are true c. &rst is false* second is true b. both are true d. &rst is true* second is false
(5. " authori'ed , to sell in cash for "1. , sold on credit for "1.+. , is liable for: a. "1 b. "1.+ c. "1.+ onl after he has collected from the buer his pament d. "1 plus damages for not following the principals instruction
+0. ,n agenc couched in general terms comprises: a. acts of ownership b. acts of management ownership
+3. " authori'ed , to sell on credit for "1 his car. , sold it for "1.+ also on credit. , is accountable for: a. "1 on principals demand c. "1 after he has collected from the buer b. "1.+ right after the sale d. "1.+ after he has collected from the buer
+. , special agenc re%uires a special power of attorne from the principal , general agenc comprises acts of management or administration a. both statements are true c. &rst is false* second is true b. both are true d. &rst is true* second is false
+1. " authori'ed ,* -* and C to sell his car with the agreement that the latter shall be solidaril liable. Aowever* after deliver of the car to them* it was lost through the fault of , onl. " can claim damages from: a. onl from a because he exceeded his authorit when the car was lost b. onl from a because he was the onl one at fault c. b and c because the are also liable for the fault of a d. a*b* and c because of their solidar liabilit
c. acts of strict dominion d. both acts of administration and
+4. hen two or more principals appoint an agent for a common transaction* neither ma revoke the power without the consent of the other )f the principal fails to pa the agent his commission* the latter ma retain pledge the things belonging to the principal a. &rst is false* second is true c. both are false b. &rst is true* second is false d. both are true
+2. 6 constituted a chattel mortgage on his car as securit for the loan he obtained from C of "1.)t was further stipulated that the same mortgage shall secure the pament of another loan which the debtor 6 ma incur in the future. )s the chattel mortgage valid/ a. the chattel mortgage for both loans is valid b. the mortgage for the "1 is the onl valid c. the mortgage regards the future loan is the one valid d. the mortgaged is extinguished because of the void stipulation on the ground that it cannot secure a future obligation
+5. , is indebted to - for the purchase of a car .-ut , in the meantime has no mone .Bo she appoints - as her agent to collect from C some mone which C owns her ,<. which mone in turn will be applied to the purchase price of the car. a. a cannot revoke the agenc at will because it is for the interest of C* a third person b. a cannot revoke the agenc at will because he cannot be compelled to do something against her will c. a cannot revoke the agenc at will because it is a means of ful&lling an obligation alread contracted d. a can revoke the agenc at will provided " agrees
+#." authori'ed , and - to sell his room air conditioner .$hrough the negligence of ,* the thing was stolen when the latter left it unattended in his shop .ho is liable to " for the damages/ a. onl a is liable because he was the one at fault despite their solidar liabilit having been appointed simultaneousl b. both of them are liable and b shall be reimbursed b a for his pament to p c. either of them is liable at ps option d. onl a is liable because of their joint liabilit to p
03. " wanted to make his suret so " mad e , as his agent as a sort of the inducement to safeguard him from eventual loss. $he agenc is not revocable at will because: a. bilateral contract an obligation alread contracted b. it is a means of ful&lling an obligation alread contracted c. it is for the common interest of the principal and agent d. it is for the interest of a third person who accepted the stipulation in his favor
+(. " and appointed , to sell the land the own in common with the stipulation that , will advance the necessar funds to execute the agenc. ho is liable to , for reimbursement of all the funds/ a. p and m will share e%uall and therefore a ma demand one=half from either b. either or both shall be liable from the entire amount c. neither shall be liable since it was stipulated that a shall advance the funds to execute the agenc
01. , borrows from - and as securit entrust to - a ring* which - can sell if , fails to pa debt at the time of maturit a. the agenc of b extinguished upon the death of a b. upon the death of a* his heir shall become the principal of b c. the agenc will remain despite the death of a because it is for the common interest of a and b d. the agenc will remain upon the death of a because it is for the interest of b
02. " sells his land and appoints , his agent in paing with the purchase what " owes C* a third person a. the agenc remains even after the death of p because it is for the common interest of p and a b. the agenc of a shall be extinguished upon the death of p c. the agenc of a remains even after the death of p it is for the interest of third person C. d. the extinguishments of agenc upon the death of p depends upon as will 0#. $he agent ma retain in pledge the things* which are the object of agenc until the principal reimburse him for advances provided the business in successful a. both statements are false c. &rst is false* second is true b. both are true d. second is false* &rst is true 0(. , brother wrote his sister to sell his parcels of land. $he land was purchased b a third person* but the sister did not forward the mone. $he brother now wants to recover the parcels of land. a. the brother ma still recover the lands because the sale is unenforceable b. the buer shall be liable to the brother for the purchase price because the sister failed to forward it to her brother c. the sale is void because the authorit of the sisters is not in public instrument d. the sale is enforceable because the letter of the brother is suFcient authorit to sell. 0+. )n case the both principal and agent contracted with di9erent persons as regards the same thing and one of the contracts shall therefore be rejected* the one liable for damages to the third person shall be: a. the principal because he should not have entered into the contract since he alread has an agent. b. the agent because in case of conGict of interest* the principals interest prevails c. the principal because he is reall the one entering into the contract not the agent d. the agent if he acted in bad faith otherwise it is principal 00. , contract whereb a person binds himself to render some service or to do something in representation or in behalf of another* with the consent and authorit of the latter is known as: a. contract of lease of service c. contract for a piece of work b. contract of agenc d. contract of agenc to sell 0. , contract of agenc has the following characteristics except that it is not: a. a consensual contract c. a nominate contract b. an accessor contract d. a bilateral contract 04. "* 2+ears old* appointed ,* 1 ears old* as his agent to sell certain goods for 23*333.33.$hereafter* , sold the goods to - for the said amount ." however* learned that the price of the goods had increased to 22*333.33 so he sought to disaFrm the sale made b , to - and brought an action to recover the goods from - on the ground that ,s act was voidable* , being a minor* and hence* could not be an agent. 6ecide a. the sale is valid because the principal is capable b. the sale is void because a is a minor and therefore* cannot be an agent c. the sale is voidable because a is a minor d. the sale is unenforceable because a exceed his authorit 05." appointed , as manager of his coconut plantation .,fter managing the plantation for ( ears * , informed " that on accounting of failing health* he was turning over the administration of the plantation to -* an experienced coconut plantation administrator. " neither repudiated the designation of - nor appointed a new agent. Ae also
remained for + ears* all the while allowing - to manage the plantation .)s - an agent of "/ a. no because p himself did not give a general power of attorne to b b. no because the designation of b as manager b a was without ps authorit c. es because an agent of p because if ps failure to repudiate the agenc d. es because b was highl %uali&ed to administer the plantation
silent
3. hich of the following acts ma not be delegated b a principal to his agent/ a. vote during the meeting of stockholders of a corporation where the principal is a stockholder b. attend meetings o9 the board of directors of delegated of a corporation where the principal is a stockholder c. vote the shares of stock because of voting trust agreement d. represents the principal as prox in voting the shares. 1. hich of the following acts re%uires a special power of attorne/ a. to make gifts to emploees in the business managed b agent b.to borrow mone which is urgentl needed to preserve the propert of the principal under the administration of the agent c. to make paments for purchases in the ordinar course of the business d. to lease the real propert of the principal to another person for more person for more than one ear
2. hich of the following acts re%uires onl a general power of attorne/ a. to bind the principal in a contract of partnership b. to loan mone of the principal c. to enter into a contract b which the ownership of an immovable is transmitted or ac%uired gratuitousl or for a valuable consideration d. to make such paments as are usuall considered acts of administration #. " who was abroad learned that 8 was interested in buing his lot located in Hue'on Cit. $o take advantage of the opportunit* he made an overseas call to ,. who was in anila* to sell that the lot in his behalf to 8 for "1. , thus sold the lot promptl to 8. $he contract of the sale is in public instrument which was signed b , in behalf of " as seller* and 8 as buer. $he said contract of sale is: a. valid because it is in public instrument and a was dul authori'ed to represent p b. void because the authorit of a was not in the form re%uired b law c. unenforceable because p did not sign the contract of sale and so he had no consent thereto. d. rescissible because the contract was entered into a representation of an absentee (. " the owner of a certain car* wanted to sell the car ., learned that " was selling the car. ithout the authorit of "* , sold the car in his name ,s< name to -. hat is the status of the sale of the car/ a. valid between a and but a must be able to transfer the ownership of the car to - at the time of deliver b. unenforceable against p because he did not authori'e a to sell the car c. void because a was not the owner of the car at the time of sale d. voidable because the sale was without the consent of p +. 8 published in the anila -ulletin that it was appointing as its dul authori'ed agent for the sale of its poroducts.ith the authorit* , sold Gour to various bakeshops. ,fter three ears* 8 revoked ,s authorit b giving a notice of revocation
to , and publishing a notice of revocation in the "hilippine Btar. 6espite the revocation* , still sold +3bags of Gour to B who did not read the notice of revocation of ,s authorit in the "hilippine Btar.B now wants to have she had ordered delivered but 8 seeks to set aside the sale of +3 bags of Gour to B. a. f is not obliged to deliver +3 bags of Gour because is s deemed to have known of the revocation of ,s authorit b. f is obliged to deliver +3 bags of Gour because s did not read the revocation of as authorit c. f is obliged to deliver +3 bags of Gour because the revocation was published in another newspaper d. f is not obliged to deliver +3 bags of Gour because the notice of revocation to a is suFcient 0. " which is based in anila sent a letter with a special power of attorne* to ,* an agent dealing with appliances* in the latters oFce in Cebu* appointing , as the agent of " to sell its new appliances. $he letter* which was sent through -C Courier Bervices* was dul received b , who* however* did not respond to the letter. -ased on the foregoing data: a. an agenc was created between p and a b the implied acceptance of , the agenc b. no agenc was created between p and a because a did not respond to the letter c. an agenc was created b the rati&cation of a when he dul received the letter with a special power of attorne d. no agenc was created because of the inaction of a. . " a singer authori'ed , also a singer to look for a night club where " could sing. , presented herself not " as a singer to the > Club which engaged her services to sing nightl for two months. -ased on the foregoing information* which of the following statements is correct/ a. p has a right of action against x club b. x has a right of action against p c. the contract is between a and x club and it is valid d. the contract is between a and x club is void because p was not a part thereto. 4. " an authori'ed car dealers appointed , as its agent to sell its cars. $he authorit of , includes the giving of a discount of 23*333.33 to customers who pa in cash. One da* C* a customer* went to the compans car center and told and told , that she wanted to bu a car with a sale price of 033*333.33. Aowever* as she onl had ++3*333.33 she told , that she would take the car if , agreed to a discount of +3*333.33. , agreed and sold the car to C at ++3*333.33 in behalf of the corporation. hat is the status of the sale made b , to C/ a. voidable at the instance of p because it did not to give its consent to the sale at the discount of +3*333.33 b. unenforceable against p* the principal* because a acted beond the scope of the authorit c. void because the additional discount of #3*333.33 given b a was not authori'ed b p d. rescissible* because p su9ered damage of #3*333.33 5. " gave , a special power of attorne wherein it was written that , was being authori'ed to sell the two cars of ". Aowever* " and , had an understanding that , should sell onl one of the cars ., sold the two cars to who was not aware of the instruction given b " to ,. a. p is bound b the sale of onl one car in accordance with his understanding with a b. p is bound b the sale of onl two cars because that is what is contained in the special power of attorne
c. p is not bound at all b the sale of either one or both cars because a violated the instructions given b p d. p will be bound b the sale of one or both cars at his option 43. " gave a power of attorne to , for the sale of his 2 cars* a $oota and a ancer .$heir agreement included among other provisions* the following: 1< , shall be entitled to a commission of 137 based on the actual selling price of the cars which " &xed at a minimum of ".( for $oota; and ".+ for the ancer; and 2< , need not render " an accounting of his transactions as long as , turns over the actual selling price of the cars net of the commission of 137., was liable to sell the $oota to $ for ".(13 and the ancer for ".+ to who gave , a tip of 23*333.33.,fter the sales* " demanded from , an accounting of the transactions that he had made but , refused claiming that it was enough that he turns over the net selling price of ".413 .5m less 137 as commission<.6ecide. a. a must not render an accounting to p as agreed upon b. a must account and deliver to " onl the sum of ".5 c. a must account and deliver to " onl the sum of ".513 d. a must account and deliver to " onl the sum of ".5#3 41. )f the agent is incapacitated* the contract of agenc is voidable as well as the contract entered into b him in behalf of the principal. )f it were the principal who is incapacitated* the contract of agenc is voidable as well as the contract are voidable. a. both statements are false c. onl the &rst statement is true b. both are true d. onl the &st is false 42. $he principal is not liable for the expenses incurred b the agent in the following* except: a. when although the agent acted in contravention of the principals instructions* the principal avails himself of the bene&ts derived from the contract b. when it was stipulated that the agent would be allowed onl a certain sum c. when the agent incurred them with the knowledge that an unfavorable result would ensue the principal was not aware thereof d. when the expenses were due to the fault of the agent. 4#. hen two persons contract with regard to the same immovable thing* one of them with the agent* and the other with the principal* and the contracts are incompatible with other* ownership shall be transferred to. a. the &rst purchaser in good faith b. the &rst who completed the pament of the price in good faith c. the &rst who will register in good faith the transaction d. the one who presents the oldest title who must be in good faith 4(. ,n agenc in impliedl revoked in three of the following causes. which is the exception/ a. when a new agent is appointed for the same business or transaction b. when the principal direct manages the business entrusted to the agent* dealing directl with third person c. when a special power of attorne is granted to another agent pertaining to a special matter involved in general power of attorne issued to a previous agent d. when desire of the principal is help the agent manage the business
4+. " appointed , as his agent to sell a set of baker e%uipment for " +3*333.33 with an ordinar commission of 137 and a guarantee commission of 1+7. , is authori'ed to sell on credit. , was able to sell* in behalf of "* the baker e%uipment for "+3* 333.33 @ who issued a check dated ten das after the sale. On the tenth sa* however* the check was dishonored b the bank because @icole did not have suFcient funds for it. a. , is liable to " because she must bear the risk of collection b. , is not liable to " because the dishonor of the check was without ,s fault c. , is not liable to " because she is not the purchaser of @ d., is liable to " because she acted beond the scope of her authorit 40. " appointed , as her agent .$he authorit of , did not authori'e , to appoint a substitute but it did not also prohibit him from appointing one. )n this case: a. a ma appoint a substitute because he is not prohibited from doing so in his authorit but he shall be liable for for the acts of the substitute b. a ma not appoint a substitute because there is no express provision in his appointment from p allowing him to appoint one. c. a ma appoint a substitute but he shall be liable for the acts of the substitute onl when the substitute is notoriousl incompetent or insolvent d. a ma appoint a substitute onl when the substitute is designated in the authorit given b the p to a 4. $he following cases were presented to ou for evaluation: i , bilateral contract depends upon the agenc ii $he agenc means of ful&lling an obligation previousl contracted iii. $he agenc is one where the partner from the management is unjusti&able )n which of the above cases is the principal not allowed to revoke the agenc/ a. ) and )) b. )) and ))) c. ) and )))
52. " owner of a certain car*authori'ed , to sell the car for 133*333.33 cash. ,*however sold the car in the name of " for 11*333.33 but on credit .-* the buer * knew at the time of the transaction that ,s authorit was to sell the car of " on cash basis.$he contract entered into b , is: a. void because b was aware of as limit of authorit .in this case * a is not liable because he did not undertake to get ps rati&cation. b. valid because the transaction* although it was for credit * was more advantages to p. accordingl * p will be liable c. unenforceable against p because a acted in excess of his authorit .thus* a alone will be liable. d. rescissible because p will su9er damage if the sales price is not paid b b. 5#. "entinio appointed ,n'ures as commission agent to sell "entinios goods for 13*333.33 cash. ,n'ures * however* sold the goods on credit for 11*333.33 without "enitinios consent. -ased on the foregoing facts* which of the following options are available to "enitinio/ i. "entinio ma demand immediate pament in 11*333.33 cash ii. "entinio ma demand immedaite in 13*333.33 cash.Aowever* ,n'ures shall be entitled to keep the excess of 1*333.33 when he collects the price of 11*333.33 iii. "entinio mat ratif the sale on credit for 11*333.33 and wait for the amount to be collected a. either ) and ))) b. either )) and ))) c. either ) and )) d. ) onl 5(. " leads - to believe that , is his"s< agent.Aowever* , is not reall the agent of ".ater* - transacted with , believing that , agent of ". hat kind of agenc was created here/ a. agenc b rati&cation c. agenc b estoppel b. agenc b appointment d. agenc b necessit
d. )*)) and )))
44. $he following are modes of extinguishing an agenc except: a. death* civil interdiction* insanit or insolvenc of the principal agent b. accomplishment of the purpose of the agenc c. expiration of the period for which the agenc was constituted d. continued losses on the part of the principal or agent
45. >*? and I * co=owners of a house and lot * appointed , to sell the house and a lot at a price of not less 1*+333*333.33 cash with , being entitled to a commission of 137 of the selling price ., was able to sell the house for 1*433*33.33., cash a. 1+3*333.33 b. 143*333.33 c. 03*333.33 d. +3*333.33 53. !*B and $* each one owning a separate lot* appointed , to sell their lots in one instrument.Ender the agreement , will receive a commission of 137 of the selling price of eah lot. , was able to sell the lot of ! 133*333.33; the lot of B for 233*333.33 ; and the lot of $ for #33*333.33.Aow much commission ma , collect from !/ a. 03*333.33 b. 13*333.33 c. 23*333.33 d. #3*333.33 51. $his is an agenc that comprises one or more speci&c transactions of the principal a. special agenc c. agenc couched in general terms b. general agenc d. agenc couched in speci&c terms
5+. Consider the following statements i. ,n agenc ma be constituted in the common interest of the principal and the agent ii. ,n agenc ma be constituted in the interest of a third person who has accepted the stipulilation in his favor $he death of the "rincipal extinguishes with the agenc* as a note.Aowever* the death of the principal does not extinguish and agenc if the reason wh the agenc was created is: a. reason ) onl c. either reason ) or reason )) -. reason )) onl d. neither reson ) nor reason )) 50. ,n agent who contracts in the name of the principal is not liable in one of the following cases.hich is it/ a. if the agent expressl bound himself b. if the agent acted beond limits of his authorit without giving the part he contracted with suFcient notice of his powers c. if the other part knew that the agent exceeded his authorit and the agent undertook to secure the principals rati&cation but the principal did not ratif the contract d. if the other part knew that the agent acted in excess of his authorit but the agent did not undertake to secure the principals rati&cation 5. ,* a dul authori'ed agent of " * wrote a letter to > on which arch 1*2330 o9ering to sell "s car for 233*333.33 cash.On arch #*2330 * > worte a le tter to , statinh that he accepted all the terms of the o9er*
which letter was received b , on arch 0*2330 on arch +*2330.-efore , could rela such acceptance to "* " died in a vehicular accident on arch 0*2330 a. the contract was not perfected because p * the real part to the sale * died before the acceptance came to his knowledge b. the contract was perfected on march 1*2330 c. the contract was perfected on march #*2330 d. the contract was perfected on march +*2330 54. " published the appointment of , as "s agent in the anila -ulletin.8or + ears*,* as "s agent * dealt with the public including >* On arch 1*2330* " revoked ,s authorit b giving the lattera noticeof revocation .the revocation was published in the "hilippine Btar . , month later* > *who was ignorant of the revocation * sold goods to , as " agent a. p is not obliged to pa for the goods because the publication of the revocation of , authorit is suFcient notice b. p is obliged to pa for the goods since x was not aware of the revocation of as authorit c. p is obliged to pa for the goods because the revocation should have been published in the same newpaper d. p is not obliged to pa for the goods because the notice of revocation to a is suFcient
55. " appointed , as his agentto sell the appliance products of ".$he agreement between " and , provides for the pament to , of +7 ordinar commission and a 137 guarnatee del credere< commission. , sold several appliances to - for 23*333.33 the same thing being paable after #3 das .hen , went to -s place to collectthe price of the appliances * -* together with the appliances that were sold * was nowhere to be found: a. a is liable to p for the price of the appliances because a must bear the risk of collection b. a is not liable top fo the price of the appliances because it was not his fault that - should dissapear c. p must bear the risk of collection because this is the owner of the appliances d. a is liable to p because a acted beond the scope of the authorit 133. ,n agent acting in the name of the principal shall not be liable to the third person with whom he contracts: a. when he expressl binds himself b. when he exceeds the limit of his authorit without giving the third person suFcient notice of his powers c.when the third person knew of the agents lack of authorit and the agent undertook to get the principals rati&cation but failed to get the same d. when the third person knew of the agents lack of authorit but the agent did not undertake to get the principals rati&cation
